14 June 2024 Bail and Antcipatory Bail >> Criminal Law   |   FIR >> Criminal Law  

In a recent order, the High Court of Karnataka has allowed multiple defendants to re-apply for bail in a criminal case. The defendants, initially identified by their First Information Report (FIR) numbers, were challenging orders passed by a lower court denying them bail.

The key point in this case was the timing of the bail application. The lower court's decision was made before the charge sheet, a document outlining the formal charges against the defendants, was filed. Since the charge sheet is crucial evidence, the High Court acknowledged that the lower court's decision might not have considered all relevant information.

To address this issue, the High Court allowed the defendants to file fresh bail applications before the same lower court (Trial Court). The High Court also facilitated a swift hearing process by:

• Instructing the complainant to appear in court on a specific date.
• Requiring the defendants' lawyer to serve copies of the bail applications to the complainant and the Public Prosecutor.
• Directing the Trial Court to hear and decide on the bail applications within a designated timeframe.

The High Court emphasized that the Trial Court should base its decision solely on the evidence presented in the charge sheet, disregarding any influence from its previous order.

  Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989    Code of Criminal Procedure, 1973